How do I resolve an easement or boundary dispute in Missouri?

1. Easement Types

Missouri recognizes express easements (written, recorded under Mo. Rev. Stat. § 442.380), easements by necessity, implied easements from prior use, prescriptive easements, and easements by estoppel.

2. Adverse Possession Elements

Mo. Rev. Stat. § 516.010: 10-year period. Elements: hostile under claim of right, actual, open and notorious, exclusive, continuous for 10 years (Conduff v. Stone, 968 S.W.2d 200). Clear and convincing evidence required.

3. Prescriptive Easement

10-year continuous, open, notorious, adverse use under claim of right (Whittom v. Alexander-Richardson Partnership, 851 S.W.2d 504). No tax payment required.

4. Quiet Title Action

Mo. Rev. Stat. § 527.150 et seq. Filed in circuit court of county where land sits. Action determines all defendants' interests.

5. Boundary Disputes

Missouri recognizes acquiescence in a boundary and boundary by agreement after dispute. Licensed Missouri PLS required for accurate determination.

6. Encroachment Remedies

Missouri courts apply relative hardship balancing for innocent encroachments (Eureka Real Estate v. Southern Real Estate, 200 S.W.2d 328). Willful or substantial encroachments face mandatory removal.

7. Express Easement Termination

Release, merger, abandonment (nonuse plus clear intent), expiration, end of necessity.

8. Marketable Title

Missouri Marketable Title Act, Mo. Rev. Stat. § 516.010, in conjunction with recording statutes. Some practitioners cite a 31-year curative effect for certain ancient defects.

9. Litigation / Mediation

Circuit court for quiet title. Associate circuit court for boundary disputes under $25,000. Court-annexed mediation under Sup. Ct. Rule 17.

This is legal information, not legal advice.